You are the Magistrate Judge in Macon County Georgia and have to decide this case. The Masons make the following claims in the complaint:
- There never was a contract in this case since the contract documents were not completed at the time they were signed. Since they did not contain the essential elements of a contract, no contract was formed.
- Since there was no contract, sale of the van was the tort of conversion and they are entitled to the value of the van which the defendant’s own statements value at $2,800.
The defendant answered the complaint and moved to dismiss and to compel arbitration. The answer made the following statements:
- There was a contract because the actions of the parties indicated intent to make a contract.
- The Masons signed an arbitration agreement, and under the law are required to bring their claims before an arbitrator and not the courts.
- The Masons have been unjustly enriched by the use of the new Chrysler and must pay the reasonable value of that use.
- The Masons committed fraud by signing a false Odometer Disclosure Form. Because of their fraud, the Masons are estopped from recovering anything on the value of the van.
Assignment Requirements
Write a three to four (3-4) page court opinion in which you rule on this case. In preparing this opinion, you must:
- Decide whether this court should hear this case or dismiss the case and direct the parties to binding arbitration in accordance with the Retail Buyer’s Order. Support your response.Note: Please read the facts of the case very carefully as you attempt to resolve this issue.
- Decide whether or not a contract exists between the Masons and R&G. Support your response. Note: Be sure that you analyze the facts to reach your conclusion. Merely stating your conclusion without a supporting legal analysis is not sufficient.
- Decide one (1) of the other remaining issues presented above. That is, decide whether R&G committed the tort of conversion with the 1990 van, or whether the Masons were unjustly enriched by the use of the new car, or whether the Masons committed fraud and should be estopped from recovering the value of the van.
- Use at least two (2) quality academic or legal resources in this assignment, such as a government Website, Law school Websites, Restatements of laws, and other treatises of Law. Your paper must include internal citations indicating the sources of your legal statements.Note: Wikipedia and other Websites do not qualify as academic or legal resources.
- Format your assignment according to the following formatting requirements:
- Typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
- Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page is not included in the required page length.
- Include a reference page. Citations and references must follow APA format. The reference page is not included in the required page length.
The specific course learning outcomes associated with this assignment are:
- Describe the legal environment of business, the sources of American law, and the basis of authority for government to regulate business.
- Explain basic court procedures, types of courts, and alternative dispute resolution methods.
- Explain the basis of tort law and describe the classification of torts.
- Use technology and information resources to research issues in business law.
- Write clearly and concisely about business law using proper writing mechanic
